McGettigan v Coulter

3 NSWLR 378; [2022] NSWCA 166

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Succession
2. › Probate and administration
3. › Grant of letters of administration
4. › Challenge to validity of will
5. › Standing to challenge
6. › Whether applicant had standing to contest validity of will where no prior will shown to exist
7. › Succession Act 2006 (NSW), ss 107, 111
1. Succession
2. › Probate and administration
3. › Validity of will
4. › Forgery
5. › Whether 2016 will fabricated
6. › Expert handwriting evidence
7. › Multiple versions of will
8. › Credibility findings
1. Practice and Procedure
2. › Appeal
3. › Further evidence on appeal
4. › Special grounds
5. › Whether evidence could have been obtained with reasonable diligence for use at trial
6. › Whether high degree of probability of different verdict
7. › Whether evidence credible
8. › Supreme Court Act 1970 (NSW), s 75A(7), (8), (9)
1. Practice and Procedure
2. › Appeal
3. › Extension of time to file notice of appeal
4. › Whether proposed appeal has reasonable prospects of success
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 51.2, 51.6, 51.9, 51.16(2)

Quick Take

The case illustrates the application of the Akins v National Australia Bank test for adducing further evidence on appeal, particularly the significance of the qualification that expert handwriting evidence based only on copies of questioned documents cannot support conclusions about the authenticity of original documents.